The producer of the Ibiza video, Julian Hessenthaler, has been behind bars for two years.Photo: IMAGO/photonews.at

politics

Rebecca Sawicki

the Story by Julian Hessenthaler reads like a political thriller: in a villa on Ibiza, a private detective uncovers the character weaknesses of Austrian politicians. Her will to corruption, her idea of ​​a controlled press, her willingness to put all this in the hands of a supposedly Russian oligarch, her cocaine consumption.

The private detective was Hessenthaler. The Austrian political celebrities: the former Vice-Chancellor Heinz-Christian Strache (FPÖ) and the MP Johann Gudenus (FPÖ).

Ultimately, the waves that this case drags behind it also cost former Chancellor Sebastian Kurz (ÖVP) his political survival. Because the Ibiza affair was followed by investigations and investigations. They showed a lack of legal understanding within Austrian politics. Up to short.

ARCHIVE - June 17, 2021, Austria, Vienna: Austria's Chancellor Sebastian Kurz speaks at a press conference on further opening steps in the corona pandemic.  (to dpa

After the pressure became too great, Chancellor Sebastian Kurz (ÖVP) also had to resign.Image: APA / Roland Schlager

Hessenthaler publishes the recording, which is described as “Ibiza video” has become known. And the hunt for the detective begins. Hessenthaler has been behind bars for two years now. The charge: drug trafficking.

A petition has now been started calling for Hessenthaler to be released. And not only that: the petitioners also demand that Hessenthaler be honored for his services to Austrian democracy. Regardless of the individual case, the petition is intended to strengthen Austrian democracy and the rule of law.

But what actually happened in the Alpine Republic?

- ViennaFebruary 11th, 2021 - Corona virus crisis - The drug trial against the alleged mastermind behind the Ibiza video Julian Hessenthaler, whose video spoke to the government between the Turkish ÖVP and the FPÖ ...

A group is now petitioning for the freedom of whistleblower Julian Hessenthaler.Photo: imago images/photonews.at

In short: The Ibiza video and the investigations that followed revealed that large parts of Austrian politics are corrupt. The Austrian Former Chancellor Sebastian Kurz was accused of rigging election polls and buying positive coverage.

The political position of the FPÖ and ÖVP

The Freedom Party of Austria (FPÖ) is a right-wing populist, partially right-wing extremist and right-wing extremist party. The Austrian People’s Party (ÖVP), on the other hand, is a traditional people’s party in Austria. Similar to the local CDU, it is conservative, pro-business, Christian.

The Petition: Strengthening the democratic culture?

At the same time, dealing with the trigger, Julian Hessenthaler, leaves many people on the independence of the Austrian justice doubt. The proceedings against the informer were too confused. The petition demanding Hessenthaler’s release was organized by a group led by a university professor from Klagenfurth. Klaus Schoenberger.

Vienna April 24th, 2019, Federal Chancellery, Vienna, AUT, federal government, press foyer after the meeting of the Council of Ministers, in the picture Federal Chancellor Sebastian Kurz (OeVP) and Vice-Chancellor Heinz-Christian Strache (FPOe) // ...

Former Chancellor Sebastian Kurz (left) and his then Vice-Chancellor Heinz-Christian Strache.Image: EIBNER/EXPA/Michael Gruber

When asked by Watson, the cultural scientist explained that he personally found it difficult to endure injustice. He couldn’t understand that nobody stands up for the man who has the “democratic Austria owes so much”. Schönberger says: “I’ve been living in Austria for a while and I won’t put up with anyone going to waste in jail.”

The big goal of the organizers: Austria’s political culture should not be left to the enemies of democracy. This means politicians from the FPÖ and ÖVP, as well as other political forces. “It’s about putting an end to an attitude that everything is for sale and we share the sinecure among ourselves,” Schönberger clarifies.

In the petition, the judiciary is accused of “politically motivated construction of a criminal offence”. Even if, according to the judges and the public prosecutor, the process has nothing to do with the video. In fact, there are various doubts about the proceedings against the whistleblower. The Austrian Ministry of Justice did not want to comment on Watson’s request. The public prosecutor’s office is responsible for assessing the case.

The procedure: many doubts and contradicting witnesses

In fact, Hessenthaler was in because of a bag full of cocaine Germany arrested and transferred to Austria. The point “drug trafficking“appears as the last in a series of justifications that the Vienna public prosecutor’s office puts forward in order to be allowed to investigate in Germany. Before that, various “misconduct” are listed that are directly related to the video of Strache and Gudenus. Also the name of the Special commission was “Soko Tape”.

SCREENSHOT - 05/17/2019, Spain, -: The screenshot from a video that the news magazine "Spiegel"  and the "Süddeutsche Zeitung"  leaked and published by them ...

In a villa in Ibiza, Gudenus (left) and Strache met with an alleged oligarch’s daughter.Image: Spiegel/Süddeutsche Zeitung

This bag of cocaine was not found at Hessenthaler, but at one prosecution witness. There was no physical evidence against Hessenthaler himself until the end of the investigation. So the conviction is based on witnesses – who contradict each other in their testimonies.

As the “taz” reported, Hessenthaler’s former business partner Slaven K., his ex-girlfriend Katharina H. and Edis S. appeared as witnesses. During the interrogations they are said to have accused each other of lying and accused each other of “delusions”. They also admitted that to have received money for the information from the operator of an information platform close to the FPÖ.

Schönberger also expressed his doubts about these circumstances to watson.

He says:

“The fact that in the end the reasoning of the court was that it is precisely this inconsistency of the witness statements that would justify their plausibility is really strong stuff.”

A desired appeal procedure before the Higher Regional Court in Vienna failed. According to the Austrian broadcaster, Hessenthaler’s lawyer now wants to do it pulse24 however, go to the European Court of Human Rights.

European Court of Human Rights ECtHR, European Court of Human Rights, in Strasbourg Strasbourg.  The ECtHR has granted an interim measure against Russia in the Ukraine war case.

The continuation of the detective story about Hessenthaler could take place before the European Court of Human Rights.Image: european court of human rights / imago images

The concern: Are whistleblowers adequately protected in Austria?

According to Schönberger, the handling of the Hessenthaler case shows one thing above all: the intention is to make the uncovered scandals invisible. Because Hessenthaler was continuously portrayed as a cocaine dealer, while the revelations received little attention, the disclosure would be criminalized – not the corruption and bribery of political personnel.

The human rights expert Manfred Nowak from the University Vienna describes the process as disproportionate. It is much more energy been used to prove Hessenthaler committed a crime than to take care of Strache. Nowak says:

“The judge tried to make it clear that the drug trial should be viewed separately from the Ibiza video. But in view of the contradicting testimonies, for which money was paid, and the lack of physical evidence, the verdict seems surprising to me.”

It is naïve to pretend that the Hessenthaler case is all about a drug trial. And that despite the fact that the detective uncovered one of Austria’s biggest political scandals. Of course, it is justified to convict Hessenthaler if he can be proven to have committed a crime – but then within the bounds of proportionality. Finally, the Ibiza video does not absolve the whistleblower of any crimes that he may have committed independently.

For the Austrian constitutional state, Nowak is convinced that it would have made more sense to put the same commitment into dealing with and uncovering corruption within the FPÖ as into the search for Hessenthaler’s misstep. “In a functioning democracy, there must be a place for whistleblowers,” Nowak clarifies. It’s bad that Austria is taking the same line as them United States in the case of Edward Snowden. Or the US Great Britain and Sweden in the case of Julian Assange.

Vienna April 24th, 2019, Heldenplatz, Vienna, AUT, Laying of a wreath by the federal government to commemorate the reestablishment of the republic in the commemorative year 2018. In the picture Vice Chancellor Heinz-Christian Strache (FPOe) ...

Without the Ibiza video, the turquoise-blue government under Kurz and Strache would probably still be in office.Image: imago images / Eibner Europe

The processing: committee of inquiry and an unrepentant FPÖ

If the corruption of the FPÖ hadn’t been noticed, the turquoise-blue government – i.e. the government made up of ÖVP and FPÖ – would probably still be intact, says Nowak. And states:

“Now we see that it wasn’t just the FPÖ, but that the ÖVP is involved in a massive corruption scandal or several corruption scandals. That means both sides of the turquoise-blue government are corrupt.”

In dealing with corruption, however, says Nowak, Austria has already done a lot: “The investigative committee in parliament has uncovered a lot – It is interesting that the FPÖ in particular is interested in accusing the ÖVP of corruption and is not turning its back on its own backyard.” Much more should have happened in this regard. The scandals of the FPÖ have not yet been legally prosecuted.

For the organizers of the petition, Hessenthaler saved the republic from greater damage. For them it is clear what the private detective deserves: “Julian Hessenthaler received a state award for his services to democratic culture in Austria!”

Hessenthaler is still in prison in St. Pölten. How his personal thriller will continue remains to be seen.

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